Crime in Antarctica explained
While crime in Antarctica is relatively rare, isolation and boredom affect certain people there negatively and may lead to crime. Alcoholism is a known problem on the continent and has led to fights and indecent exposure. Other types of crime that have occurred in Antarctica include illicit drug use, torturing and killing wildlife, racing motorbikes through environmentally sensitive areas, assault with a deadly weapon, attempted murder and arson. Sexual harassment also has been reported.[1]
Robberies are rare and unlikely in Antarctica because people entering cannot bring many belongings onto the continent and because there is very little use for money.
Under the 1959 Antarctic Treaty, ratified by 53 nations, persons accused of a crime in Antarctica are subject to punishment by their own country.
National laws applying to crimes in Antarctica
South Africa
South African citizens in Antarctica are subject to South African law under the South African Citizens in Antarctica Act, 1962. Violations of the Antarctic Treaty System are criminal offences under the Antarctic Treaties Act, 1996. Under these two acts, Antarctica is deemed to be within the jurisdiction of the magistrate's court at Cape Town.[2]
United Kingdom
The Antarctic Act 1994 extends the laws of every part of the United Kingdom to UK nationals in Antarctica.[3] Additionally, the Commissioner of the British Antarctic Territory may enact laws for the territory.[4]
United States
The Comprehensive Crime Control Act of 1984 (enacted 12 October 1984) covers crimes committed by Americans or crimes committed against Americans.[5] Any American who is outside of the United States, but not in another country, is still subject to certain U.S. laws. All Americans committing a crime, and any foreigner committing a crime against an American outside of a sovereign state, are subject to prosecution in a U.S. federal court. This includes international waters and Antarctica. Although nations claim territory in Antarctica, the United States does not recognize these claims.
Examples of crimes covered by the Comprehensive Crime Control Act of 1984 include murder, maiming, rape, arson, treason, and bribing a federal official.[6]
New Zealand
The Antarctica Act 1960 describes the jurisdiction of the courts of New Zealand to deal with offences committed in the Ross Dependency and certain other parts of Antarctica.[7]
Sexual harassment and assault
The Australian Antarctic Division released an external review in 2022 revealing allegations of sexual harassment.[8] The division director stepped down in 2023, ahead of the release of additional findings from a subsequent inquiry.[9]
The United States Antarctic Program commissioned an external review following allegations of sexual harassment. The resulting Sexual Assault/Harassment Prevention and Response (SAHPR) report[10] was published in 2022, highlighting issues of sexual assault and harassment, mistrust of the contracted companies, and suggesting avenues for change. In response, the US Congress Committee of Science and Technology held a session addressing the report. In 2023, The National Science Foundation Office of the Inspector General released a report titled "Law Enforcement Perspectives on Sexual Assault and Stalking Issues Pertaining to the United States Antarctic Program".[11]
List of crimes in Antarctica
- 1959: Assault with a deadly weapon. – The Vostok Station (станция Восток), then a Soviet research station in Princess Elizabeth Land, was the scene of a fight between two scientists over a game of chess.[12] [13] [14] When one of them lost the game, he became so enraged that he attacked the other with an ice axe. According to some sources, it was a murder, though other sources say that the attack was not fatal.[15] Afterwards, chess games were banned at Soviet/Russian Antarctic stations.[12] [14]
- 12 April 1984: Arson. – The Almirante Brown Station (Estación Científica Almirante Brown) is an Argentine research station located on the Coughtrey Peninsula by Paradise Harbour. The station's original facilities were burned down by the station's leader and doctor on 12 April 1984 after he was ordered to stay for the winter.[16] The station personnel were rescued by the ship Hero and taken to Palmer Station, an American research station on Anvers Island.[17] The stations are about 58 km (36 mi) apart.
- 9 October 1996: Assault and battery. – At McMurdo Station, a fight occurred between two workers in the kitchen.[18] One worker attacked the other with a hammer. Another cook tried to break up the fight and was also injured. Both victims required stitches. FBI agents from the United States were sent to McMurdo Station to investigate and make an arrest.[19] The suspect was flown to Honolulu, Hawaii, where he faced charges of four counts of assault with a dangerous weapon.[20] He pleaded not guilty.[21]
- 11 May 2000: Suspicious death by poisoning. – On 11 May 2000, at the Amundsen–Scott South Pole Station, an American research station located at the South Pole, Australian astrophysicist Rodney Marks had a fever, stomach pains and nausea.[22] He died the next day, on 12 May 2000, aged 32.[23] It was believed at the time that Marks died of natural causes. It was the onset of winter so his body could not be removed for six months and it was put into a freezer at the observatory. After the six months were over Marks' body was flown to Christchurch, New Zealand, for an autopsy. The autopsy concluded that he had died from methanol poisoning.[22] How the poisoning occurred remains a mystery.
- 9 October 2018: Attempted homicide. – On 9 October 2018 a stabbing occurred at the Bellingshausen Station (Russian: станция Беллинсгаузен|translit=stantsiya Bellinsgauzen), a Russian research station on King George Island.[24] The perpetrator was Sergey Savitsky, a 54-year-old electrical engineer.[25] He stabbed Oleg Beloguzov, a 52-year-old welder, in the chest several times.[26] According to some sources the attack occurred because Beloguzov was giving away the endings of books that Savitsky had taken out from the station's library.[27] Other sources say that the attack occurred in the dining room when Beloguzov teased Savitsky by telling him that he should dance on top of the table to make money.[26] Both accounts say that Savitsky was believed to be intoxicated at the time of the attack. They had worked together at the station for about six months and Savitsky was apparently having an emotional breakdown.[28] Being in a confined space may have been a major cause for this (see winter-over syndrome). Both Beloguzov and Savitsky had had problems with each other for several months. Beloguzov was sent to a hospital in Chile. Savitsky surrendered to the manager of the station and 11 days later was placed on a flight back to Russia, where he was placed under house arrest until 8 or 9 December.[28] On 8 February 2019 Savitsky attended a preliminary hearing at the Vasileostrov District Court of Saint Petersburg.[29] Savitsky was remorseful and was willing to accept a criminal punishment rather than rehabilitation. Beloguzov was forgiving of Savitsky and proposed dropping the case. The public prosecutor was supportive of Beloguzov's proposal and noted that Savitsky was remorseful and had no criminal record. Judge Anatoly Kovin decided to drop the case.[29]
See also
Notes and References
- News: Sexual Harassment Allegations Wipe a Name Off the Map . Medina . Jennifer . 24 September 2018 . The New York Times . 19 January 2019.
- Book: Joubert . J. J. . Criminal Procedure Handbook . 11th . Juta . Cape Town . 2014 . 978-1-48510-061-4 . 42.
- Web site: Part III of the Antarctica Act 1994 . legislation.gov.uk . The National Archives . 5 April 2021.
- Web site: Legislation . Website of the Government of the British Antarctic Territory . Government of the British Antarctic Territory . 5 April 2021.
- Book: http://www.usap.gov/travelAndDeployment/documents/ParticipantGuide-Chapter6.pdf . Chapter 6: Living and Working at USAP Facilities : U.S. Criminal Jurisdiction . 2018–2020 USAP Participant Guide . . 2018 . 55 . 19 January 2019.
- Web site: Audit of NSF's Law Enforcement Program in the Antarctic . 30 August 2005 . National Science Foundation Office of the Inspector General . 19 January 2019.
- Web site: 27 February 2024 . Antarctica Act 2024 . 27 February 2024 . New Zealand Legislation.
- News: 2022-09-29 . Antarctic expeditioners complain of 'predatory', widespread sexual harassment as minister, division urge change . en-AU . ABC News . 2023-04-01.
- News: 2023-01-30 . Australian Antarctic head resigns as division faces turmoil over workplace culture . en-AU . ABC News . 2023-04-01.
- Web site: USAP SAHPR Report .
- Web site: NSF OIG Law Enforcement Perspectives on Sexual Assault and Stalking Issues Pertaining to the United States Antarctic Program .
- How Antarctic isolation affects the mind . Bennett . John . 15 September 2016 . . 19 January 2019.
- Book: Joyner . Christopher Clayton . Chopra . Sudhir K. . The Antarctic Legal Regime . 28 July 1988 . Martinus Nijhoff Publishers . 90-247-3618-8 . 67.
- Book: Barrett . Emma . Martin . Paul . Extreme: Why some people thrive at the limits . 23 October 2014 . OUP Oxford . 88 . 978-0-19-164565-5.
- News: Weathering the Winter . Hutchison . Kristan . 3 February 2002 . 9–10 . . 19 January 2019.
- Web site: Almirante Brown Station, Antarctic Peninsula . Waymarking.com . 19 January 2019.
- News: Passing of a Legend: Death of Capt. Pieter J. Lenie at age 91 marks the end of an era in Antarctica . Rejcek . Peter . 20 April 2015 . The Antarctic Sun . 19 January 2019.
- News: FBI Agents To Visit Antarctica In Rare Investigation of Assault . Spielmann . Peter James . 14 October 1996 . . 19 January 2019.
- News: Cold Cases: Crime and Punishment in Antarctica . Rousseau . Bryant . 28 September 2016 . . 19 January 2019.
- News: Antarctica Assault Defendant Released to Halfway House . . A-5 . 22 October 1996.
- News: Assault subject pleads not guilty to charges . Honolulu Star-Bulletin . 26 October 1996.
- Web site: The Mystery Of The South Pole's Only Murder . Serena . Katie . 17 November 2017 . All That's Interesting . 19 January 2019.
- 1 May 2017 . Case 4 - The Death of Rodney Marks . . 19 January 2019 . Mysterious Circumstances.
- News: Man faces attempted murder charge after stabbing at Russia's Antarctic outpost . 24 October 2018 . . 19 January 2019.
- Web site: A Remote Antarctic Research Station Is Now The Scene Of A Brutal Attempted Murder . Tom . Hale . 26 October 2018 . . 19 January 2019.
- Web site: An Attempted Murder at a Research Station Shows How Crimes Are Prosecuted in Antarctica . Haskins . Caroline . 25 October 2018 . . 19 January 2019.
- Web site: Cold-Blooded: Scientist In Antarctica Accused Of Stabbing Colleague For Spoiling The Endings Of Books . 30 October 2018 . . 19 January 2019.
- Web site: Report: Russian Researcher Charged With Attempted Murder in Stabbing of Colleague in Antarctica . Ryan F. . Mandelbaum . 24 October 2018 . . 19 January 2019.
- News: MIA Russia Today . Суд в Петербурге прекратил дело полярника, ударившего коллегу ножом . 8 February 2018 . A court in St. Petersburg dismissed the case of a polar explorer who stabbed a colleague .